Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I was served a three day notice letter yesterday and I

I was served a...

I was served a three day notice letter yesterday and I should be able to pay the month by the 19th as the paper states, but my question is as follows: my landlord told me over the phone on Jan. 9th that she wants me out by the end of the month and I am actively looking for a place which is why I figured that if this was the case I would technically be living out my last month of rent and maybe go over a few days, but I never got notice from her in writing. If I pay this months rent, doesn't she technically have to give me until the end of February and also let me know in writing that she wants me to move out? We are on a month to month for almost three years now and I am not sure what is what now. Please help.

Lawyer's Assistant: When we are ready I'll take you to the appropriate web page. Because laws vary from place to place, can you tell me what state the property is in?

Florida

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

No lease anymore, just month to month for almost three years now. The landlord has never painted or replaced the carpet in the four years that I have been here. I bothered her very little with repair issues.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Nothing that I can think of

Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 2 minutes by:
1/17/2018
Lucy, Esq.
Lucy, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 32,264
Experience: Attorney
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

The short answer is yes, you're right. I'll elaborate below.

Ask Your Own Landlord-Tenant Question
Customer reply replied 7 months ago
Hi Lucy, sorry but I don't see any additional information.

Florida Statutes, Section 83.57 provides that a month to month lease may be terminated by giving written notice at least 15 days prior to the end of the month. A phone call on Jan. 9 isn't sufficient. She could give you notice now, but that would give you a right to stay through the end of February. You would then be able to use your last month's rent to pay for February.

A three day notice gives the tenant the option to pay any outstanding rent and remain on the premises. So if you pay now, you don't have to move out at the end of the month. If you want to move, you can ask the landlord to use your last month's rent to pay for January. The problem is, you're also obligated to give 15 days written notice. So the landlord could still hold you responsible for February's rent if you move out on January 31.

Ask Your Own Landlord-Tenant Question
Customer reply replied 7 months ago
She had an attorney draw up this letter and I was reading what information is required to be on there, but I notice that her name, address and phone number are missing. Does this by any chance make this 3 day notice letter invalid?

It's not automatically invalid. The law says that the notice has to comply substantially with what's in Section 83.56, which does include places for the landlord's name, address, and phone number. If the lawyer's information is on the letter, that's going to be considered substantial compliance. If not, you can dispute the notice.

However, under Section 83.60, you're not allowed to assert that as a defense without first paying the rent into the court. But if you have the rent, you could pay the landlord directly and avoid going to court.

Ask Your Own Landlord-Tenant Question
Customer reply replied 7 months ago
Ok, so I should be sure to pay the rent by the 19th to avoid any eviction and I then send a certified letter to the landlord advising her that I would like to move out by the end of February and that I would like to use my last month's payment that I originally made when we had a 12 month lease 4 years ago as payment. Does that sound about right?

Exactly right.

Lucy, Esq.
Lucy, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 32,264
Experience: Attorney
Verified
Lucy, Esq. and 87 other Landlord-Tenant Specialists are ready to help you
Ask your own question now
Customer reply replied 7 months ago
Thanks a million Lucy!

You're welcome!

Please rate my service positively, as this is the only way that I get paid for the time spent answering your questions. Mobile users may have to scroll to the right. Thank you.

Ask Your Own Landlord-Tenant Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 32,264
32,264 Satisfied Customers
Experience: Attorney

Lucy, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

4,430 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,264 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,295 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
We are living in Milpitas home for 6 years now. Started at
We are living in Milpitas home for 6 years now. Started at 3150 and then increase to 3200, then to 3300, then this year in August he asked 3600. We talked landlord into 3400. Now he is asking 3600 fro… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,947 satisfied customers
I had a lease that expired 2 years ago and I have not to
I had a lease that expired 2 years ago and I have not to vacate the property from 5/9 to 5/30.. The property management company prorated the rent from 5/30 to 6/9 the only problem is they took possess… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
4,430 satisfied customers
I need assistance regarding a rental agreement I had with
I need assistance regarding a rental agreement I had with management at my prior apartment. I lived in Chula Vista Ca. I gave the manager verbal notice that I was moving out end of April 2017-I had to… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,947 satisfied customers
FOR BARRISTER: I am reaching out to you because I saw on
FOR BARRISTER:I am reaching out to you because I saw on other answers you have said that you are a lawyer and a landlord. We are a military family and are own a rental in CA. We currently live in the … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
4,430 satisfied customers
I am looking for advice on a tenant in Coos Bay, OR that was
I am looking for advice on a tenant in Coos Bay, OR that was recently incarcerated, he assaulted his girlfriend numerous numerous times & did a plea bargain with the DA. He has only started renting si… read more
Ray
Ray
Lawyer
Doctoral Degree
33,756 satisfied customers
I am.breaking a,lease in Louisiana I gave the owner 30 days
I am.breaking a,lease in Louisiana I gave the owner 30 days of notice empty the house on Oct17 gave her 2 weeks in oct I am reallocated because of my job The owner wants to keep the deposit and charge… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
If I rent a house month to month and stipulate 30 days notice
If I rent a house month to month and stipulate 30 days notice has to be given, are there any special provisions I can add to the lease that prevents someone from not paying and then trying to squat fo… read more
Lucy, Esq.
Lucy, Esq.
Attorney
Juris Doctor
32,264 satisfied customers
I gave written notice I was leaving the premise. I had a lease
I gave written notice I was leaving the premise. I had a lease till Feb, 11th. I had bought a house and paid Jan rent and would call for pro-rated rent and utilities at end of month. I received a lett… read more
Lucy, Esq.
Lucy, Esq.
Attorney
Juris Doctor
32,264 satisfied customers
have lived in this condo 9 yrs. now last few years been on
have lived in this condo 9 yrs. now last few years been on a month to month lease. gave notice nov. 1, 2013 i was moving dec 9th, 2013. realty company tells me i have to pay whole month of dec rent. I… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
37,243 satisfied customers
Is there a law that states landlords should or must paint and
Is there a law that states landlords should or must paint and shampoo carpets between tenants?… read more
FraudExaminerNate
FraudExaminerNate
Managing Member
Juris Doctor
286 satisfied customers
My landlord pounded on my door this am demanding entry and
My landlord pounded on my door this am demanding entry and I refused. My lease expires on 9/30 and I have not paid September rent. Can she legally enter my residence without consent?… read more
Lucy, Esq.
Lucy, Esq.
Attorney
Juris Doctor
32,264 satisfied customers
I had been a tenant at will in Georgia when I had put in my
I had been a tenant at will in Georgia when I had put in my 30-day notice to vacate on January 9, 2013 effective February 8, 2013. We had lived in the single-family home for 4 years 8 months, 3 years … read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
My question is about the length of my residential lease...I
Hi, My question is about the length of my residential lease...I moved into the apartment on Feb. 5th, 2012 According to this landlord's policy, the lease ends at the end of whatever month you move in-… read more
Tower Grove Lawyer
Tower Grove Lawyer
Attorney
Doctoral Degree
283 satisfied customers
Hi, i have got a question please. Ive been living in the
Hi, i have got a question please. I've been living in the same rental house for 13 years. My landlord never fixed anything or repainted or new carpet etc. In fact,the roof was leaking for 3 years befo… read more
Tower Grove Lawyer
Tower Grove Lawyer
Attorney
Doctoral Degree
283 satisfied customers
Hi. I have a tenant in my house in san Francisco. Her 1 year
Hi. I have a tenant in my house in san Francisco. Her 1 year lease ended October 31. On sept 1st My husband gave her verbal notice that we were planning on moving back Into the house on Jan. 1st so we… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
i have lived in my apartment for 10 years. I live in fort
i have lived in my apartment for 10 years. I live in fort walton beach, fl. My landlord wants me to paint, and shampoo the carpet after 10 years. Do I have to and what happens if I don't? I've been on… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,465 satisfied customers
My question is this. I rented a room to live in as of
Hello, My question is this. I rented a room to live in as of October 2010 until March of 2010. Since my one year lease has been up, I am now on a month to month lease. My rent is due for the 1st of th… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
1,379 satisfied customers
my daughter got an eviction notice in late November. she had
my daughter got an eviction notice in late November. she had until Jan 9th to move out. She found a place in mid Dec. and moved out. She had a 500.00 deposit, which he used to fix the fireplace.(she h… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x